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work permit V green card for non EU spouse (EU1 pending)

Forum to discuss all things Blarney | Ireland immigration

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aureliebg
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work permit V green card for non EU spouse (EU1 pending)

Post by aureliebg » Mon Feb 04, 2008 11:15 pm

Hi all,
haven't posted in a while. A small recap to remind of our situation:
me: French, employed since January 28
he: Israeli, got a job offer.
Married 4 years in Israel
applied for French residence November 12, 2007, will get the residence card February 8.
applied for EU1 upon arrival in Dublin November 22, 2007.
Provided all documents except for the actual French residence card (will do next week :D )

Now, the question is for my husband who was offered a job. What kind of permit should he apply for?
The job is in the qualified professions (business analyst) and he has the relevant skills (Hebrew in this case) and qualifications (MBA in Finance)
BUT the salary is only 28k so doesn't really match the condition of the 30k. Any chance to go around this? What would be the best and fastest move?

Another question, if I may: he's still on tourist stamp. We thought that asking for Stamp 3 while waiting for EU1 was already settling for less than we ask for. We've been in and out of the country so he's always been legal here so far. I can't really figure out if he needs stamp 3 for the green card or the work permit. I can also see everywhere on entemp mention of the spousal permit. Does it apply to EU spouse?

Thanks for your help.
Will keep you posted on the outcome of my own little EU1 fiasco!!

aureliebg
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Posts: 17
Joined: Sun Sep 16, 2007 11:08 am

Re: work permit V green card for non EU spouse (EU1 pending)

Post by aureliebg » Tue Feb 05, 2008 12:09 am

I actually rushed to the EU1 but what happens if we go to the garda tomorrow and ask for stamp 4?
Sorry that might be a silly question...
Are the conditions for stamp 4 different from those of the EU1? At least, you get an answer right away...
I we already are considering getting stamp 3 for a work permit, then why not aim higher?
Any suggestions?

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Feb 05, 2008 6:12 am

Stamp "4 EU Fam" is the stamp that they should be issuing you. This is also known as a "Residence Card". It should be issued for 5 years, unless you have specifically said you will be in Ireland for less time.

Note that your husband can get a work permit now in Ireland (before the issue of the 4 EU FAM, assuming you are working or otherwise exercising your treaty rights in Ireland. http://www.entemp.ie/labour/workpermits/marriedtoeu.htm

archigabe
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Location: Dublin

Post by archigabe » Tue Feb 05, 2008 4:21 pm

Directive/2004/38/EC wrote:Stamp "4 EU Fam" is the stamp that they should be issuing you. This is also known as a "Residence Card". It should be issued for 5 years, unless you have specifically said you will be in Ireland for less time.

Note that your husband can get a work permit now in Ireland (before the issue of the 4 EU FAM, assuming you are working or otherwise exercising your treaty rights in Ireland. http://www.entemp.ie/labour/workpermits/marriedtoeu.htm
The page was last modified on : 16/01/2008. Great to see they've climbed down from their previous attitude of refusing spousal work permits for E.U spouses.

archigabe
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Location: Dublin

Re: work permit V green card for non EU spouse (EU1 pending)

Post by archigabe » Tue Feb 05, 2008 4:24 pm

aureliebg wrote:I actually rushed to the EU1 but what happens if we go to the garda tomorrow and ask for stamp 4?
Sorry that might be a silly question...
Are the conditions for stamp 4 different from those of the EU1? At least, you get an answer right away...
I we already are considering getting stamp 3 for a work permit, then why not aim higher?
Any suggestions?
You will get a 'stam4EU fam' at the GNIB if your E.U1 application is approved by the department of Justice. You and your spouse will have to take the approval letter from DOJ down to the GNIB and have his Passport stamped with the Stamp4EU fam, and he will also get a electronic I.D card along with it.

aureliebg
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Posts: 17
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Re: work permit V green card for non EU spouse (EU1 pending)

Post by aureliebg » Tue Feb 05, 2008 9:48 pm

You will get a 'stam4EU fam' at the GNIB if your E.U1 application is approved by the department of Justice. You and your spouse will have to take the approval letter from DOJ down to the GNIB and have his Passport stamped with the Stamp4EU fam, and he will also get a electronic I.D card along with it.

Thanks Archigabe. I just thought it might be worth the shot asking for stamp 4 in the meantime. Well anyway we went there and got a Stamp 3 for 3 months, which doesn't even cover the period of the 6 months... Loosers, you tell them how absurd this is and they don't even think this is wrong. I gave them the speech of how they discriminate against european citizens and how unlawful this all is but they actually don't give a sh##@#@t

Anyway, we needed the stamp 3 to apply for the work permit. Now we still need to find out if we apply for a regular work permit with a very long cover letter or a spousal permit that is inappropriate...
I'll have to understand how they can issue a work permit for one year when we actually have the stamp for 3 months :roll:

Let's hope that they won't make trouble for this one at least. If we have the work permit, it's less critical how long it takes the doj to respond.

Anyway, will keep you posted on the rest.
Thanks to Archigabe and Directive.

archigabe
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Location: Dublin

Post by archigabe » Tue Feb 05, 2008 9:59 pm

I'll have to understand how they can issue a work permit for one year when we actually have the stamp for 3 months
When the Department of Trade approves the work permit they will issue him an approval letter.You will have to take that down to GNIB to get the stamp4 for the duration specified in the approval letter.

archigabe
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Re: work permit V green card for non EU spouse (EU1 pending)

Post by archigabe » Thu Feb 07, 2008 2:01 pm

aureliebg wrote:Thanks Archigabe. I just thought it might be worth the shot asking for stamp 4 in the meantime. Well anyway we went there and got a Stamp 3 for 3 months, which doesn't even cover the period of the 6 months... Loosers, you tell them how absurd this is and they don't even think this is wrong. I gave them the speech of how they discriminate against european citizens and how unlawful this all is but they actually don't give a sh##@#@t

Anyway, we needed the stamp 3 to apply for the work permit. Now we still need to find out if we apply for a regular work permit with a very long cover letter or a spousal permit that is inappropriate...
I'll have to understand how they can issue a work permit for one year when we actually have the stamp for 3 months :roll:

Let's hope that they won't make trouble for this one at least. If we have the work permit, it's less critical how long it takes the doj to respond.

Anyway, will keep you posted on the rest.
Thanks to Archigabe and Directive.
Some of us got a 'Stamp3' valid for 1 year while waiting for E.U1 approval...I think you should try going again and asking for the 1 year stamp3.Every officer down there has his own ideas on what to do, so hopefully you will meet a different officer at the counter.

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